AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD

NAME OF SERVICE MEMBER (LAST,FIRST MIDDLE INITIAL)

GRADE

AFSNISSAN

X	RECORD REVIEW
ADDRESS AND OR ORGANIZATION OF COUNSEL

MEMBER  SITTING	HON	GEN	UOTHC	OTHER

DENY
x+•
X+* X+* X+*
x+•

A67.90

1 ORDER APPOINTING THE BOARD
2  APPLICATION FOR REVIEW OF DISCHARGE
3  LETTER OF NOTIFICATION
4 BRIEF OF PERSONNEL FILE
COUNSEL'SRELEASE TO THE BOARD
ADDITIONAL EXHIBITS SUBMITTED AT TIME OF PERSONAL  APPEARANCE
TAPE RECORDING OF PERSONAL APPEARANCE HEARING

HEARING DATE	CASE NUMBER

17 Oct 2013	FD-2013-00506

Case heard in Washington, D.C.

Advise applicant of the decision of the Board,the right to a personal appearance with/without counsel, and the right to submit an application to the AFBCMR.

Names and votes will be made available to the applicant at the applicant' s request.

SAF/MRBR
550 CSTREET WEST,SUITE 40 RANDOLPH AFB, TX 78150-4742

SECRETARY OFTHE AIR FORCE PERSONNEL COUNCIL AIR FORCE DISCHARGE REVIEW BOARD
1535 COMMAND DR,EE WING,3RD FLOOR
ANDREWS AFB,MD llml-7001

AFHQ FORM 0-2077, JAN 00	(EF-V2)	Previous

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE	CASE NUMBER

FD-2013-00506	

GENERAL:	The applicant appeals for upgrade of discharge to honorable, to change the reason and authority for the discharge, and to change the reenlistment code.

The applicant was offered a personal  appearance before the Discharge  Review Board (DRB) but declined and requests that the review be completed based on the available service record.

The attached brief contains available pertinent data on the applicant and the factors leading to the discharge.

FINDING:	Upgrade  of  the  discharge,  change  of  reason  and  authority  for  discharge,  and  change  of reenlistment code are denied.

The Board  finds that  neither  the  evidence  of record  nor  that  provided  by  the  applicant  substantiates  an inequity or impropriety that would justify  a change of discharge.

ISSUE:  The applicant was discharged with an under honorable conditions (general) discharge for a Pattern of Misconduct: Conduct Prejudicial to Good Order and Discipline. Applicant wants his discharge upgraded based on his Honorable service in the Texas Army National Guard. The Board suggests the applicant should contact AFPC about getting his military education attached to his DD form 214.  The records indicated the applicant received an Article 15 and two Letters of Reprimand. His misconduct included dereliction of duties for failure to report incident to proper authorities which was witnessed, failure to comply with procedures on use of weapons by placing right hand on pistol and unsnapping holster, and using government on multiple occasions while not on TDY orders.  The Board opined that through these administrative actions, the applicant had ample opportunities to change his behavior.  They found the seriousness of the willful misconduct offset any positive aspects of the applicant's duty performance.  The Board reviewed the entire record and found no evidence of impropriety or inequity to warrant an upgrade of the discharge.

Although not specifically stated, applicant contends that he should not be penalized indefinitely for mistakes he made when he was young. The DRB recognized the applicant was 26 years of age when the discharge took place. However, there is no evidence he was immature or did not know right from wrong. The Board opined the applicant was older than the vast majority of first-term members who properly adhere to the Air Force's standards of conduct. The DRB concluded that the characterization of the applicant's discharge was appropriate due to the misconduct

The DRB was pleased to see that the applicant was doing well and has a good job.  However, no inequity or impropriety in his discharge was suggested or found in the course of the hearing.  The Board concluded the misconduct of the applicant appropriately characterized his term of service.

The Board highly recommends that if the applicant can provide additional documented information to substantiate his issues, that he should consider exercising his right to make a personal appearance before the Board.  Ifthe applicant chooses to exercise this right, he should be prepared to provide the DRB with factual evidence of the inequity/impropriety  and any exemplary post-service accomplishments as well as any contributions to the community.

CONCLUSION: The Discharge Review Board concludes that the discharge was consistent with the procedural and substantive requirements of the discharge regulation and was within the discretion of the discharge authority and the applicant was provided full administrative due process.	

In view of the foregoing findings, the Board further concludes that there exists no legal or equitable basis for upgrade of discharge and determines the discharge should remain unchanged.

Attachment: Examiner's Brief